Online Store

1.1 We operate the website www.northumbria.ac.uk. We are the University of Northumbria at Newcastle of Sutherland Building, Newcastle upon Tyne, NE1 8ST. Our VAT number is GB686994842.

 

2. Your Status and Responsibilities
2.1 By placing an order on our Site, you warrant that you are legally capable of entering into binding contracts and are at least 18 years old.
2.2 You also warrant that you will maintain the confidentiality of your username and password (where applicable) for our Site, and ensure that access to your personal computer is restricted so as to prevent unauthorised access to our Site.

3. Ordering Products on our Site
When ordering Products on our Site, you must follow the instructions provided in the check-out section of the Site. It is your responsibility to ensure that all details of any order you make to purchase Products on our Site are correct.

4. How the Contract Is Formed Between You and Us

4.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.
4.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.

 

5. Consumer Rights
5.1 If you are contracting as a consumer, you may cancel a Contract at any time within seven (7) working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 9 below).
5.2 To cancel a Contract, you must email us at it.helpline@northumbria.ac.uk or inform us in writing at University of Northumbria at Newcastle of Sutherland Building, Newcastle upon Tyne, NE1 8ST. You must also return the Products to us as soon as reasonably practicable, and at your own cost. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
5.3 Details of your statutory right of cancellation, and an explanation of how to exercise it, are provided in the Dispatch Confirmation. This provision does not affect your other statutory rights as a consumer.

 

6. Availability and Delivery
6.1 Products will ordinarily be delivered within fourteen (14) days of Dispatch Confirmation to addresses within the European Union, or within thirty (30) days to addresses outside the European Union (or sooner), unless there are exceptional circumstances.
6.2 Delivery of Products within the UK is by Royal Mail Standard Post or Royal Mail Special Delivery. If you opt for Royal Mail Special Delivery, you will be required to sign on receipt of the Products. This method of delivery is therefore recommended. Delivery of Products outside the UK is via Royal Mail Standard Post or International Courier.
6.3 The University of Northumbria at Newcastle accepts no responsibility for non-delivery of Products dispatched via Royal Mail Standard Post and will not offer any refund whatsoever for Products lost in transit when a customer opts to have Products delivered by Royal Mail Standard Post.
6.4 All Products advertised on our Site are subject to availability. If you order any Product from our Site and the Product is out of stock, we will notify you of this as soon as reasonably practical. If Products on our Site are discontinued, for whatever reason, we will notify you of this as soon as reasonably practical and may suggest a substitute product of equivalent value and quality.
6.5 Product specifications from manufacturers may change from time to time.

 

7. Risk and Title
7.1 The Products will be your responsibility from the time of delivery.
7.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.

 

8. Price and Payment
8.1 The price of the Products and our delivery charges will be as quoted on our Site from time to time, except in cases of obvious error. Please note that delivery charges vary according to the delivery address and the chosen delivery method.
8.2 The final price you pay for any Products you purchase on our Site will be the price in force on our Site at the date of the Dispatch Confirmation.
8.3 Product prices may include VAT. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
8.4 Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
8.5 Our Site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We accept no liability whatsoever for such errors and give no warranties or representations as to the quality, accuracy or completeness of the information on our Site. However, subject to clause 8.6, if a Product's correct price is higher than the price stated on our Site and you have ordered that Product, we will inform you as soon as reasonably practical and provide you with the option of either re-confirming your order at the correct price or cancelling your order. If we are unable to contact you for whatever reason, we will treat the order as being cancelled. If you decide to cancel and have already paid for the Products, a full refund will be issued.
8.6 If the pricing error is obvious and unmistakeable and could have been reasonably recognised by you as an error, we do not have to provide the Products to you at the incorrect (lower) price.
8.7 Payment for all Products must be made to us in GBP pound sterling. We accept payment with any of the credit or debit cards listed on our Site. We will not charge your credit or debit card until we dispatch your order.

 

9. Our Refunds Policy
9.1 If you return a Product to us:
9.1.1 because you have cancelled the Contract between us within the seven-day cooling-off period (see clause 5.1 above), we will process the refund due to you as soon as reasonably practical and, in any case, within 30 days of the day on which you gave us notice of cancellation. In this case, we will refund the price of the Product in full, and any applicable delivery charges. However, you will be responsible for the cost of returning the item to us; and
9.1.2 for any other reason (for instance, because you have notified us in accordance with clause 21 that you do not agree to a change in these terms and conditions or in any of our policies, or because you consider that the Product is damaged or defective), you must contact it.helpline@northumbria.ac.uk within 7 working days of receipt of the Product. We will then deliver a replacement Product within a reasonable period of time or refund the price of the Product in full.
9.2 In the event that any payment is to be refunded in accordance with these terms and conditions, we can only make the refund payment back to the same credit or debit card from which your original payment was made. If the refund payment cannot be made back to the same credit or debit card for reasons outside of our control, a cheque refund will be made to the card holder.

 

10. Warranty
We warrant to you that any Product purchased from us through our Site will, on delivery conform with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied. Please note that all sizes and measurements shown on our Site are approximate.

 

11. Our Liability
11.1 Subject to clause 11.3, if we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Products or the replacement of the same Products, as appropriate.
11.2 Subject to clause 11.3, we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories even if such losses result from our deliberate breach:
11.2.1 loss of income or revenue;
11.2.2 loss of business;
11.2.3 loss of profits;
11.2.4 loss of anticipated savings;
11.2.5 loss of data; or
11.2.6 waste of management or office time.
However, this clause 11.2 will not prevent claims for loss of or damage to your physical property that are foreseeable or any other claims for direct loss that are not excluded by categories 11.2.1 to 11.2.6 inclusive of this clause 11.2.
11.3 Nothing in this Agreement excludes or limits our liability for:
11.3.1 death or personal injury caused by our negligence;
11.3.2 fraud or fraudulent misrepresentation;
11.3.3 any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
11.3.4 defective products under the Consumer Protection Act 1987; or
11.3.5 any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.

 

12. Copyright
'University of Northumbria at Newcastle' and 'Northumbria University' are registered trademarks. The logo with a curve, alongside the words 'Northumbria University' is also a registered trademark. You must not use such trademarks, unless you have express written permission from the University of Northumbria at Newcastle. If such trademarks are used without such express written permission, we may bring legal proceedings against you for any infringement.

 

13. Import Duty
13.1 If you order Products from our Site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
13.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.

14. Written Communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our Site, you accept that communication with us will be mainly electronic. We will usually contact you by e-mail or provide you with information by posting notices on our Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

15. Notices
All notices given by you to us must be given either in writing to University of Northumbria at Newcastle of Sutherland Building,Newcastle upon Tyne, NE1 8ST or emailed to us at it.helpline@northumbria.ac.uk. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 14 above. Notice will be deemed received and properly served immediately when posted on our Site, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.

16. Transfer of Rights and Obligations
16.1 The contract between you and us is binding on you and us and on our respective successors and assignees.
16.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
16.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

17. Events Outside Our Control
17.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
17.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
17.2.1 strikes, lock-outs or other industrial action;
17.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
17.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
17.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
17.2.5 impossibility of the use of public or private telecommunications networks;
17.2.6 the acts, decrees, legislation, regulations or restrictions of any government; and
17.2.7 pandemics or epidemics.
17.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

18. Waiver
18.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
18.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
18.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 15 above.

19. Severability
If any court or competent authority decides that any of the provisions of these terms and conditions or any provisions of a Contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.

20. Entire Agreement
20.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
20.2 We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
20.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in these terms and conditions (whether made innocently or negligently) will be for breach of contract.
20.4 Nothing in this clause limits or excludes any liability for fraud.

21. Our Right to Vary These Terms and Conditions
21.1 We have the right to revise and amend these terms and conditions from time to time.
21.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).

22. Law and Jurisdiction
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England.

23. Third Party Rights
A person who is not party to these terms and conditions or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.

24. Complaints
In the event of any complaint by you, arising from your use of our Site, please contact us at the following address University of Northumbria at Newcastle of Sutherland Building, Newcastle upon Tyne, NE1 8ST. Alternatively you can contact us by telephone on: +44 (0) 191 232 6002 during normal working hours or by email at it.helpline@northumbria.ac.uk